Caveats to birthright citizenship in the US
After Trump confirmed that ending birthright citizenship is "absolutely" his plan, Welker said, "The 14th Amendment, though, says that, quote, 'All persons born in the United States are citizens.'"
But there is a significant problem with Welker's quote, according to Lee.
In fact, Welker omitted six words from the first sentence of Section 1 of the 14th Amendment — and those "words matter," Lee explained.
Here is what the beginning of Section 1 of the 14th Amendment actually says:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
This means that Welker omitted the phrase, "and subject to the jurisdiction thereof," to create the illusion that Trump would be acting unconstitutionally if he sought to outlaw birthright citizenship.
But according to Lee, that critical phrase empowers Congress to define what it means, and, therefore, to regulate birthright citizenship.
"Congress has the power to define what it means to be born in the United States 'and subject to the jurisdiction thereof,'" Lee explained. "While current law contains no such restriction, Congress could pass a law defining what it means to be born in the United States 'and subject to the jurisdiction thereof,' excluding prospectively from birthright citizenship individuals born in the U.S. to illegal aliens."
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Lee believes that Congress should be able to stop the "anchor baby" concept from routinely grading citizenship to babies born of illegals. It is an important point and a Republican Congress could make that point after Trump takes back the presidency.
See also:
Trump Could Finally Put One Of Immigration’s Thorniest Issues To Rest
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